Martino: Public Workshops or Private Meetings

I attended the June 6th Palm Beach Gardens City Council meeting to listen to the Costco renovation plans and subsequent vote to approve or disapprove. The vote was 3 to 1 to approve with not much discussion of substance by the City Council members. Also on the agenda were several other major projects petitioned by various business and developer interests. With little Council discussion these projects were approved to move forward unanimously which if you regularly attend the once per month Council meeting you will recognize as almost always the norm.

What I found most interesting about the above projects and Council votes was the “coziness” of the banter between the Council and the developer representatives and/or lobbyists. Some of these projects were scheduled for Quasi-Judicial Hearings. Law requires the Council members to announce their individual contacts with representatives of the project and anyone else that they may converse with concerning the Quasi-Judicial Hearing subject. The rub here is the Council members do not offer any real insights into these conversations; therefore, the Public is not privy as to how these conversations impact the decision-making process and, paraphrasing the Council members, “the relationship building”.

It is important to stress that wariness about the above does not suggest anything untoward but only awkward perceptions that can and should be avoided. To alleviate this awkwardness a simple and straight forward suggestion is more scheduled meetings with the Public in the Council chambers and fewer meetings with the lobbyists in private. Scheduled public workshop meetings on developer projects would allow the Council to discuss in Public what they now are discussing in private. The Public would have more notice that a petitioned project is being considered, more opportunity to digest the petitioned project, and therefore, may be more intellectually competent to comment pro or con with the Council both prior to and at the Public Hearings of said projects. Transparency, communication, and openness, are fundamentals of good government and required by Florida’s Sunshine Law.

It is my considered opinion, regularly scheduled workshops for development projects or for any other important Public business prior to full staff review are a necessity and important to the conduct of the Public’s business. Regularly scheduled workshops are not a new concept to the Palm Beach Gardens City Council processes and work product. It was a City Council process followed for over 40 years. When and why scheduled workshops were discontinued is mystifying. During most of those years, two workshops and two regular meetings were held each month on Thursday evenings. From my perspective, workshop meetings afford everyone and every entity involved in the Public’s business to become better educated and informed. The collective rather than individual thought and decision-making processes of the City Council members are better understood by themselves, by the petitioners, by the Administration, and most important by the Public. The Council’s policy directives concerning the petition are understood by the Administration before the petition is scrutinized and reviewed for compliance and other issues which in my view is not the current modus operandi.

With the imposition of term limits it was hoped new and different faces on the City Council would bring innovation and change to the City Council’s protocol. The faces have changed but by and large the conduct of City business has not. It is my opinion that the inherited process flaws are still embedded. I have suggested and discussed the need for scheduled workshops before but with no success. The lack of scheduled workshop meetings, agenda preparation, agenda reviews in private by Council members, Council and Administration intersection, among other concerns are subjects worth addressing and discussing, perhaps, in a scheduled workshop. It is my conviction that in some instances the City Council’s perspective on the processes necessary to conduct the City’s business are not always consistent with the best interests of residents.

New Development at City Centre and Downtown at the Gardens

Vice-Mayor Litt was unable to attend as she was attending the graduation ceremony for completing Leadership Palm Beach.  Council Member Marino is also a graduate of the program.  Congratulations to Mrs. Litt.

During Announcements and Presentations Officer Francine O’Brien was chosen as PBC Chiefs’ Association 2018 Officer of the year. Also the PBA voted on and the Council approved a collective bargaining agreement for the next 3 years. Key elements included a 6%/year annual increase for each of the 3 years and change of the retirement age from 55 to 52.

All Ordinances and Resolutions on this very busy agenda passed 4:0 with the exception of the following:

• 2nd Reading and Adoption of Ordinance 6, 2016 and companion resolution 20, 2019 – which entailed the changes to the Costco site plan, and approval for a retail expansion and 24 position fueling center (limited to members) received much discussion by the Council, and public comment against and for. Council Member Lane was opposed to the number of fueling stations and traffic impact and the final vote was 3:1.
• Ordinance 8, 2019 – 1st reading – Ballenisles East Outparcel rezoning for the development of a medical and professional office building to be located on the SE corner of PGA Blvd and Ballenisles Drive. Staff had recommended AGAINST approval. The applicant requested postponement of the vote until July; staff recommended an indefinite postponement until issues were resolved. After discussion, the council voted 4:0 for an indefinite postponement.

New development includes plans for Solera at City Centre, located on US1 and PGA Blvd – a 136-unit multi-family apartment building, including some workforce housing (see  the Palm Beach Post article,  and a Life Time Health Club and parking garage to be built at Downtown at the Gardens – see a description the Post’s coverage here.

Also approved was the hiring of a consultant to develop a workforce housing program for the City. And the Council, while having met individually with City Manager Ferris to give private feedback, publicly gave him a stellar annual evaluation and suggested that the City Attorney bring forward a new contract to for Mr. Ferris.

Next City Council Meeting on Thursday, June 6 at 7pm

The next City Council meeting will be on Thursday, June 6, at 7pm. The meeting has quite an extensive agenda covering a lot of topics. For those interested in the issue of Workforce Housing, see Resolution 40, 2019 regarding the development of a Workforce Housing Program and Ordinance 9, 2019 which will provide for a density bonus for projects in Mixed Use zoning districts that include a workforce or affordable housing component.

Presentations and Announcements include: Police Officer of the Year Francine O’Brien, PBA Collective Bargaining Agreement, Legislative Session Summary and an update on small cell and micro antennas in city right of way (a home rule issue).

Consent Agenda includes:

• Lease of an Altec Model AT30-G Custom Truck for the Public Services Department’s Sign Shop – $117K
• Resolutions 36/37, 2019 – approving plats for Avenir Pod 2 and 4 – consistent with prior approvals
• Resolution 41, 2019 – The Collective Bargaining Agreement with PBA – covered under presentations – 3 yr contract from 10/19 – 9/22
• Purchase award – Electrical Work for New Golf Maintenance Building – piggyback/access contract – upon completion – $126K
• Purchase award – Pavement Marking Services – piggyback/access contract – upon completion – $64K
• Bid waiver – Construction of Baseball Batting Cages and Pitching Areas at Gardens Park – $162K

Public Hearings and Resolutions – Only first readings and new business listed below:

• Ordinance 8, 2019 – First Reading: Ballenlsles East Outparcel PUD – request to rezone a 5.27 acre site located at the southeast corner of PGA Boulevard and Ballenlsles Drive and Site Plan approval for a 60,000-square-foot, 2-story medical and professional office building. – staff recommends denial
• Ordinances 9/10/11, 2019 – First Reading: A request from Eastwind Acquisitions, LLC to amend the 13.58 acre City Centre site on the Future Land Use Plan Map to Mixed Use (MXD), rezone to Mixed Use with a General Commercial (CG-1) and Residential High (RH) underlying zoning, and a PUD Amendment to convert the existing approval for a 6 story office building on Parcel F to develop a 4-story multifamily residential project with 136 units, with a workforce housing component. The proposed Land Use amendment in Ordinance 9, 2019 will provide for a density bonus for projects in Mixed Use zoning districts that include a workforce or affordable housing component. See map for City Centre.
• Ordinance 13, 2019 – First Reading: Requesting approval of Ordinance 13, 2019 that would grant an Ad Valorem Property Tax Exemption to Carrier Corporation providing for 100 percent exemption for 1-5 Years and then 50 percent exemption for 6-10 Years. On March 5, 2015 “The City Council also conceptually approved Carrier Corporation, “Project Diamond”, for the Ad Valorem Tax Exemption Program for 100 percent exemption for 1-5 Years and then 50 percent exemption for 6-10 Years, provided the company sufficiently completes the application process for the ad valorem tax exemption, and the City Council grants final approval.”
• Resolutions 26/27, 2019 – Downtown at the Gardens – to add 116,862 square feet of Health, Physical Fitness, Weight Reduction, and Spa use and amend the site plan for Downtown at the Gardens to allow for a Life Time health club facility and a 426-space parking garage
• Resolution 30, 2019 – AIPP (Art in Public Places) for PGA Station Residence Inn Marriott
• Resolution 38, 2019 – Avenir Clubhouse – request for site plan approval to permit the construction of an 8.99-acre community clubhouse and recreation facility internal to the Avenir Planned Community Development (PCD).
• Resolution 40, 2019 – award of the contract with Strategic Planning Group, Inc. for the development of a Workforce Housing Program, consistent with the needs and requirements of the City, and subject to the deliverables detailed in the Request for Proposals. Additionally, the Mayor is hereby authorized to execute the subject agreement.

Items for Council Action/Discussion: City Manager Evaluation

Check the agenda to see if any additional items have been added before the meeting here.